Impeach case vs Bautista declared moot

By WENDELL VIGILIA

October 25, 2017

AN impeachment case filed against Andres Bautista has been rendered dead with his decision to step down as chairman of the Commission on Elections (Comelec) on Monday, much earlier than the December 31 effectivity he stated in the resignation letter he submitted to Malacañang early this month.

Bautista left the post earlier because Malacañang, in a letter sent to him also on Monday, said his resignation is being accepted “effective immediately.”

“I will just report (to the plenary) since it (impeachment case) was already overtaken by events. It was mooted by the acceptance of the resignation,” said Rep. Reynaldo Umali (PDP-Laban, Oriental Mindoro), committee chair, after a hearing.

Malacañang has not announced Bautista’s replacement.

“As an independent commission, the Comelec will resolve among its remaining commissioners as to who will be its officer-in-charge until such time the President appoints the new chair,” said presidential spokesman Ernesto Abella.

At the House, the justice panel was supposed to prepare the Articles of Impeachment that will be sent to the Senate for trial after the plenary voted to reverse the committee’s recommendation to dismiss the complaint for being insufficient in form.

The committee has received a copy of the letter Executive Secretary Salvador Medialdea sent to Bautista, and a notice sent by Bautista’s lawyers informing the panel of his resignation.

During the hearing, Umali told the panel it was taking “judicial notice” of Bautista’s immediate resignation.

Bautista’s lawyers Luis Carlo Tagarda and Christian Diaz vowed to comply with the request of Reps. Rodante Marcoleta’s (PL, SAGIP) and Doy Leachon (LP, Oriental Mindoro) for them to put in writing Bautista’s “full conformity” to their claim that they are representing him, including the date of his resignation.

Paras, who was allowed to speak despite not being a member of the House, initially objected because he wanted to make sure that Bautista’s resignation took effect Monday.

“When you say the President has accepted (the resignation), does it mean that Mr. Bautista has also accepted his immediate resignation?” he said.

Responding, Umali said: “I think this matter is all very clear. There was an offer, there was an acceptance, so there is now a meeting of the minds. This meeting of the minds rendered this issue finished.”

Topacio said he would take the word of Bautista’s lawyers because he personally knows they are “very reputable.”

Lorna Kapunan, who represents Bautista’s estranged wife Patricia, said their camp has now “leveled the playing field” because the former elections chair “cannot hide behind immunity of his office… he now can be sued as a private citizen.”

The impeachment case stemmed from Patricia’s claim that her husband did not disclose all his properties in his statement of assets and liabilities and net worth (SALN) in 2016.

Kapunan asked the justice panel to allow their camp to make a “proffer of evidence” even if there will be no more trial, saying it will still be useful in aid of legislation.

“Perhaps it is ripe to review the bank secrecy law, the anti-money laundering (law) and the plunder (law) and (find put) how easily these can be escaped,” she said.

Reps. Marcoleta, Romeo Acop (PDP-Laban, Antipolo), and Salvador Belaro (PL, 1-Ang Edukasyon) objected to Kapunan’s request, saying there is no use for Kapunan to submit evidence without a trial.

The objections were later withdrawn after Umali explained that Kapunan will just be submitting records “that may guide the House on future actions relations to matters that have a bearing in future legislation.”

The complaint alleges that Bautista failed to disclose in his SALN money and real estate properties “which were way beyond the amounts” he declared in his SALN. It quoted Patricia as saying in a press conference that she had discovered several passbooks and bank and real property documents under her husband’s name and some of his relatives, and these were not included in his 2016 SALN in which the chairman declared a net worth of P176.3 million.

Sen. Francis Escudero, chairman of the Senate committee on banks, financial institutions and currencies, said his panel will resume its investigations on the alleged bank accounts exposed by Bautista’s estranged wife.

No date has been set. The first hearing was held in August.

Escudero said Bautista would be asked to attend the hearing.

Earlier, the committee asked Bautista to issue a waiver on his bank secrecy rights for the panel to examine his alleged bank accounts at the Luzon Development Bank.

In the absence of a waiver, Bautista should attend the hearing, Escudero said. – With Jocelyn Montemayor, Gerard Naval, and JP Lopez

Column of the Day

‘The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for its main provision: Against bribery of foreign countries’ food management officials.’

About Malaya

Malaya Business Insight's weekday sections treat readers to timely articles on shipping, banking, information and technology, automotive and motoring, real estate and property development, travel and tourism and people and sectoral events. Special issues and supplements are designed to enrich current information and data files of readers with pre-selected topics of national and local significance.